By Samantha L. Brooks and Karla Grossenbacher

Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers.

In this case, a Maryland state government employee claimed that she was retaliated against for a Facebook post where she referred to a Maryland gubernatorial candidate as an “a**clown.” In
Continue Reading Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

By Kristen Peters

Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and disclosures, while spelling out the consequences for violations. Employers must not retaliate against employees for their lawful out-of-office behavior.

People are used
Continue Reading Raging Bull: Getting Beat Up On Glassdoor?

By Rashal G. Baz, Katherine Mendez, and Chelsea D. Mesa

Seyfarth Synopsis: Employers are now being presented with more options to outsource workplace complaints through third party companies and mobile apps. This may create an ease in grievance reporting for the employee, but does not necessarily shield employer liability.

Harassment in the workplace is not a novel
Continue Reading Click To Complain: Using Technology to Outsource Workplace Harassment Grievances

Seyfarth Synopsis: Wishing you a wonderful holiday season. 

As we begin the traditional start of the holiday season and before the crush of the end of the year is upon us, we wanted to take a moment to thank you – the readers of the Employment Law Lookout Blog – for your loyal readership and feedback.  We strive to
Continue Reading Thankful (and Bonus Social Media Privacy Legislation Desktop Reference)

By Christopher Im and Sharisse R. Deal

Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’ expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free work environment, not to mention the employer’s interest in maintaining productivity and avoiding adverse publicity. Here are some guiding principles.

“How’s work?”
Continue Reading Not Just Sticks and Stones: When Should Employers Step In?

By Karla E. Sanchez and Craig B. Simonsen

Seyfarth Synopsis: Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker’s email that complained about their terms and conditions of employment.

Recently, a National Labor Relations Board Administrative Law Judge ruled that a restaurant unlawfully reprimanded and discharged several employees in violation of
Continue Reading Restaurant Wrong To Fire Workers Over Email Criticizing the Restaurant and its Managers

By Scott Rabe and Samuel Sverdlov

Seyfarth Synopsis: With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater risk of creating workplace incidents that could be avoided. 

Just a few weeks ago, a video leaked of Los Angeles Lakers rookie, D’Angelo Russell, recording teammate, Nick
Continue Reading Off the Record? Workplace Perils of Video Recording and Social Media

By Hillary J. Massey

iStock_000048141232_LargeEmployees’ social media activities often play a key role in workplace investigations.

For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter regarding race, religion, or disability. Employers handling investigations into such conduct should be aware that state laws may restrict employers’ requests for information about
Continue Reading Questions Remain About Social Media Privacy Rights During Workplace Investigations

By: Erin Dougherty Foley

On Monday, Apple unveiled its new MacBook (which is as pretty as it is light and nimble), number of new health related apps called “ResearchKit” (that claim to be able to help diagnose and monitor the progress of diseases like diabetes and Parkinson’s) and the much anticipated Apple Watch.  The watch appears to work like an
Continue Reading Apple Watch – Everything Old Is New Again

By: Erin Dougherty Foley

Picture this. You arrive at work only to be met by the employee who always seems to know everything about all that’s going on and that person hands you a copy of the “tweet” that another employee posted right before arriving at work this morning. The tweet reads: “Whoa, just ran someone over on my way
Continue Reading Wait…What Did He Say? (Or, What To Do When Your Employee’s Tweet Goes Viral)